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(영문) 서울중앙지방법원 2018.10.05 2018가합504291

대여금

Text

1. Defendant A and B are jointly and severally liable to the Plaintiff.

(a) For KRW 113,312,091 and KRW 110,954,694 among them, < Amended by Act No. 1483, Jul. 2017>

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company whose business purpose is the manufacturing of automobile parts, wholesale and retail of automobile parts, etc., and Defendant B is the representative director of Defendant A.

B. The Plaintiff entered into a credit transaction agreement with Defendant A as listed below, and made a loan to Defendant A, and Defendant B jointly and severally guaranteed the obligation to return the loan to Defendant A pursuant to the above credit transaction agreement.

The Plaintiff, Defendant A, and Defendant B agreed to apply the interest rate and damages rate on each of the above loans to the interest rate set by the Plaintiff. The damages rate for delay applicable to each of the above loans is 11% per annum.

The Defendant A’s each obligation of loans was overdue from each of the following dates:

(1) On September 3, 2013: 100,00,000,000 on May 12, 2017; 150,00,000 on May 26, 2017; 120,548, 120,000; 10,000 on August 16, 2017; 10,000; 120,00,000,00 on September 7, 2017; 10,000 on August 3, 2014; 10,000,00 on August 6, 200, 207; 10,00,000,000 on September 7, 2017; 10, 2000 on August 4, 2017;

C. Defendant B received the money as listed below from the Plaintiff, and applied the interest rate and damages rate for each loan to the Plaintiff. The damages rate for delay applicable to each of the above loans is 11% per annum.

The respective loans obligations of Defendant B were overdue from each of the following dates:

On June 24, 2013, 140,000,000 21,000,000,000 August 15, 2017, 2015, June 24, 2013, on the date when the balance of the loan was overdue due to the lending agreement occurs. Total of 121,00,000,000,000 on August 15, 2017

D. The plaintiff is above.